>> we now know what the pentagon will do about returning soldiers from west africa. they are going to implement a 21-day controlled monitoring regime is what it is called. it is not called a quarantine. but a controlled way they will check in on the people to see if they have symptoms for 21-day period. bill: jennifer griffin will define that next on "happening now." see you on the radio. jon: in less than a week voters across america will have the opportunity to cast ballots. a majority of them apparently ready to wipe the slate clean in congress and start from scratch. what do you think about that? welcome to "happening now." i'm jon scott. shannon: i'm shannon bream in for jenna lee. according to the brand new fox news polls. 59% of the registered voters think it would be good for america to start fresh with all new members of congress. jon: they don't think too much of president obama either. more than half, 54%, disapprove

of his job performance although his approval rate has ticked up just a bit in the past few weeks. so, what do these polls tell us to look for on tuesday? joe trippi, is former campaign manager for howard dean. jonah goldberg, senior editor at "national review." both are fox news contributors. jonah, what do you make of these numbers? throw the bums out seems to be the prevailing attitude. >> i think that's right. disapproval of obama comes across very clearly in this but the number that really stood out to me the tightening of generic ballot question which is pretty good indicator of how elections are looking like, on this, i don't know, could be race is tightening or could be this poll is on outlyer or could be a bellwether. what is dismaying at least from my perspective is that we're seeing generic ballot really tighten. a few days ago, nbc "wall street journal" journal poll for 11-point spread for

republicans. this is basically one-point race for democrats. probably why a lot of republicans not willing to put this thing to bed. they're still only cautiously optimistic. not willing to bet on a wave quite yet. jon: joe, what about the democrat in you, are you cautiously optimistic based on new polls? >> look i think the polls point out obvious, people are disenchanted with both parties in washington. i think incumbents in both parties are in trouble. i think, it is clearly obama's numbers are a drag on democrats but, this anti-incumbent bias i think will affect some republicans too. look, there wi incumbents who go down on tuesday but i think we may see republican incumbents like pat roberts in kansas, maybe even mitch mcconnell in kentucky that also lose their seats. it is, there is a more anti-democratic incumbent piece of this because of the president

being, obama being in power right now but i do think these polls are starting to indicate that republican incumbents could also be in trouble. jon: jonah, there was another question in the "fox news poll" that may give you some heart. when asked if republicans win control of the senate, 37% of those responding said it would mean a change for the better. 2% say a change for the worse. 32%, 1/3 would say not bring real change. doesn't that indicate, jonah there is some desire to take the senate away from harry reid? >> oh, sure. when you ask the question, when the fox poll asked a question about senator, numbers for republicans are a little bitter. just as a rule of thumb, the generic congressional ballot is usually a pretty good sense where things are going. then again, even bigger rule of thumb is the disapproval of the incumbent president for and his party is even bigger rule of thumb about how to predict these

things. i think with we're basically just seeing a lot of democrats are starting to pay attention. there is churn. you know, the media research center came out with this report not too long ago found the mainstream media nightly news broadcasts have not been covering the midterms. people haven't been paying attention until the last minute. i think we'll see a lost churn in these last few polls as people are starting to pay attention. but clearly the enthusiasm and intensity is still on the republican side. jon: yeah. joe, that is reflected in another "fox news poll" that only 3% of americans say they are enthusiastic about how the government is working. 25% say they're satisfied. but if you add up the number who are dissatisfied or even angry, that is 67% of the electorate, two out of three, dissatisfied or angry with the way the federal government is working. >> and that is generating this

anti-incumbent feeling that is out there, taking out the anger against incumbent members of senate and house. and their anger about obama's policies. he is not on the ballot but they can take out their anger on that. so you will start to see i think, you know, it's the negative impulse that is, to throw people out that is driving anybody going to the polls this year. there aren't that many who are voting because they're in favor of something. it is just the way it is. i agree with jonah though, that part of what's happening when you look at the generic numbers, is they're closing but i would also caution that as they close, republicans, if it's a tight race on the generic ballot, they always do pretty well. democrats have to be ahead five, six, seven points on the generic ballot. that doesn't look like that is going to happen here. jon: jonah, real quickly, the president has been trying to do no harm apparently putting off

some of these big presidential actions until after the election. if those, if those come through, you know, what happens after the election? >> well, a lot of it depend on, how this election turns out f republicans only win five seats, i think that will be pretty disasterous for the republican party, in terms of 2016 primaries plays out. it will incentivize barack obama to do a lot of unilateral things which i think would be bad for the country. it is bad constitutionally but also would inflame a lot of animal spirits on the right and set enthusiasm for 2016. jon: we'll see what happens. obviously the first hurdle to cross is get through election day to see what comes of all of that. jonah goldberg, joe trippi, thank you both. >> thank you. jon: you know fox news channel is america's election headquarters and on tuesday, starting 6:00 p.m. eastern, bret baier and megyn kelly will cover all of the political

action. you stay connected with foxnews.com. we'll have the very latest developments for you there. >> we're just getting in word now from defense secretary chuck hagel announcing a decision on a 21-day troop quarantine that is for those who are returning from service in the ebola hot zone. he is speaking live right now and just mentioned this. we have some information but it leaves a few more questions for us. we know he signed an order that will have a 21-day controlled monitoring regimen for any of our troops coming back from the ebola hot zones. he is working out within the next few days, he asked the joint chiefs to develop a detailed implementation plan. so we don't know if this will mean they are quarantined in a physical location, if there will be specific checking in self-monitoring, checking in with doctors, that kind of thing. we do know that the defense department will move ahead with some type of 21-day monitoring system for all soldiers returning from the ebola hot

zone. meanwhile president obama meeting shortly with his public health and national security teams on federal response to ebola. this afternoon he will deliver remarks to a white house gathering of health care workers, all of them on the front lines of this battle. while here in new york dr. craig spencer is in serious but stable condition as he tries to fight the virus. rick leventhal is live at bellevue hospital in new york with the very latest. hi, rick. >> reporter: good morning, shannon. bellevue hospital has released very little information about dr. spencer's condition and treatment but we did hear from new york's mayor, bill de blasio yesterday, who said that dr. spencer has a very tough and challenging few days ahead and likely will get worse before he gets better. >> he is an extraordinary spirit. everyone i talked to have been part of his direct treatment says he is a fighter. he, you know, keeping his sense of humor despite everything he is dealing with and he is getting the best care in the world. >> reporter: meanwhile the

"new york post" is reporting that dr. spencer was not exactly honest with investigators when he first reported his ebola symptoms last thursday, telling them he isolated himself in his apartment. according to the post-he didn't reveal he went bowling, dining out and only admitted after checking credit card and health department statements. in maine, nurse kaci hickox is fighting the state's 21-day rule and saying she doesn't have ebola and will go to court if necessary to win freedom of movement. the state's health commissioner is what we're asking for that individual with direct contact with ebola patients stay in their home and avoid public contact until 21 days for potential incubation has passed. the commissioner added we are confident that the selfless health workers brave enough to care for ebola patients in a foreign country will be willing to take reasonable steps to protect residents of their own country. however we are willing to pursue legal authority if necessary to insure risk is minimized for mainors. the governor says that the maine

state police are stationed outside the home in fort kent where hickox is to make sure she honors the 21-day quarantine rule. shannon: we'll watch the fight, rick. thank you. jon: a man investigating the secret service prostitution scandal is accused of paying a prostitute himself. back in 2012 nearly two dozen agents you recall were disciplined or fired bringing prostitutes back to this hotel ahead of president obama's trip to regional summit there. we're learning, david neelan, a former head of the inspector general's office in miami quietly stepped down in august after sheriffs in broward county, florida, spotted him at a building under surveillance and interviewed a prostitute that says he paid her for her services. he denies those reports. we're keeping an eye on this

developing story. we'll let you know any breaking news. shannon: the lebanese army stepping up the fight against isis as the terrorist message finds fertile ground i in that country's young sunni majority, threatening to engulf another mideast nation in the widening conflict. conor powell is live in jerusalem with more on this hi, conor. >> reporter: lebanon is north of israel and west of syria and long a tinderbox of religious and ethnic tensions with a large sunni and christian population. with isis in expansion mode across the middle east there is fear that the terror group is gaining fertile ground in lebanon n recent weeks, sunni militants, not directly connected to isis launched attacks on lebanese army in the city of tripoli. lebanon sunni long historically are moderate group and they are poor and marginalized and frustrated with the state of affairs in lebanon and hezbollah support for bashar al-assad. tensions are flaring up in

lebanon the border between syria and lebanon is collapsing. >> there is movement of people across the border, both supporting assad regime and fighting against the assad regime. so i think that there are pockets where isis can establish a foothold in lebanon. >> reporter: now support for isis among sunnis there is still very low, probably only a couple hundred or so people but their message does seem to resonate with young sunni men who often feel isolated. in an effort to prevent isis from gaining more ground in lebanon the lebanese security forces have begun to crack down on the sunni population, arresting a lot of them and also setting up checkpoints. that is only seemed to have inflamed the situation. shannon, just a sign how bad things are getting in lebanon a poll says more than two thirds of all christian lebanese, they support hezbollah, the shiite militant group long at odds with israel because they feel, christians feel in lebanon, that they are the best protectors

against isis and the sunni militants there. things are quickly starting to rapidly dissolve there and really could mean some big trouble in lebanon next to syria. shannon: how bad is the situation when you're deciding between hezbollah and isis as your preferred protector? all right, conn no, thank you so much. coming up inside of "happening now," an in depth look where key senate races where national and foreign policy concerns like these could play major roles in deciding the outcomes. jon: a horrible murder, followed by a gruesome suicide on new york's long island. a woman beheaded. the suspect then leaping in front of a train. hear what witnesses thought they were seeing. with. plus we're watching the relentless flow of burning lava on hawaii's big island. homes, businesses, a whole town in its path. the latest coming up. >> never, you know, in my wildest dream when i was a kid growing up i would see lava.

>> i think it is pretty scary. the anxiety is building up and like a slow torture.

shannon: right now new information on crime stories we're following. two men hit by gunfire in front of a north carolina courthouse. we brought you this breaking news yesterday. dozens of officers tracked the suspect but they're looking for a second man as well. woman accused of trying to murder her three children wants to see them again. police say ebony wilkerson tried to drive her minivan into the ocean with her children in it. a south carolina judge will hear her request to see the children later this week. a woman in her 60s found beheaded in the street outside of her long island apartment. witnesses say they initially thought this was a terrible halloween prank. police say the suspect, a man in his 30s, jumped in front of a commuter train and was killed instantly. jon: a river of hot lava snaking

closer to a small town on hawaii's big island. that is molten rock at 2,000 degrees, creeping along from the kill way waa volcano. it burned one shed and closing in on homes and a school. william la jeunesse following from the west coast newsroom. how is it going today, william? >> reporter: not any better. inevitable but unstoppable, jon. like a tornado you see it coming and will wipe out everything in its path and nothing you can do about it. here on the big island, waist-deep, wide as football field the lava flow off the kilauea volcano, destroyed a fence and a shed. a dozen yards from first of 12 homes directly in its path. evacuations today will be mandatory. lava like water flows downhill. it is 350 yards from the main roadway that officials say it will destroy ultimately probably about 50 or 60 homes in the coming days as it continues

downhill toward the ocean. the flow will likely cut the town in half, preventing a majority of residents from commuting to nearby hilo. >> this little house is over 50 years old. it has seen a lot of love and laughter and tears and grief and everything. you know, it, deserves for me to be here and watch it and be with it. >> reporter: personal misfortune aside, people see disaster as it happens. tourists show up by hundreds to see the smell and burning grass and see heat and popping methane bubbles. bad for traffic, good for business. >> there is a lot of curiosity about what is going on. a lot of people think, have been just coming now to see the lava. they can't see the lava but they stop in and they hear the stories about what is going on. >> reporter: actually you can see lava depending where you stop. national guard has been brought

in to handle traffic and looting. fire department does a power pole with water and saved it. the police abandoned the their substation this is the third town that overrun with lava from kilauea. this is adding 500-acres to the big island in the last 30 years. so it just happens. jon: yesterday you told us they would try to push dirt around build berms to try to divert it. is that not working? >> reporter: didn't work. they tried it in the past. some homeowners tried it here. one many problem, you take on liability, when you do that, you put somebody in danger when you take someone out of it. so they basically said it isn't going to work. jon: yeah, don't mess with the volcano. william la jeunesse. keep us updated. thanks. shannon: the battle to defeat isis taking center stage just six days before the midterm elections as republicans in key senate races blast the way the handling foreign policy. is that will be enough to stip the balance of power?

plus an accused serial killer back in court today after staying silent in an initial hearing. the very latest next.

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[ male announcer ] these types of plans let you visit any doctor or hospital that accepts medicare patients. and there are no networks. you do your push-ups today? prepare to be amazed. [ male announcer ] don't wait. call today to request your free decision guide and find the aarp medicare supplement plan to go the distance with you. go long. shannon: just six days to go to the midterm elections and foreign policy taking center stage in many key senate races. president obama's handling of issue hits an all-time low in the polls. republican candidates focus on how he handled the war on isis, the crisis in ukraine, and other global hot spots in the closing arguments to voters but will it be enough to tip the balance of power in the senate? let's bring in rick grenell, advisor to four u.s. ambassadors to the u.n. always good to see you. >> good to see you. shannon: we want to look at one of our recent polls, how the president is handling isis.

folks who approve, 35%. those who disapprove, 56%. we know they're happy with what he is doing but how could that trickle down to some senate races? >> this is so interesting i love to see foreign policy and national security issues part of the election process because i think it speaks a lot to leadership. face it, if the president obama ran in 2008 and 2012 on a foreign policy issue. he said we'll end wars in iraq and afghanistan. we'll withdraw the united states from the world stage. i think that was a very good short term strategy. we're finding it was a bad long-term strategy for democrats, especially sitting democrats. when you look at democrats, currently senators who are now having to run for re-election, you know, they have to look at the president's poor performance to think this hasn't been good

but their silence. senator jeanne shaheen in new hampshire is struggling to defend her party's silence and acquiescence as the president really poorly performed with isis and with you know, with ukraine as you suggested. then you look at arkansas, where sitting senator mark pryor, voted 97% of the time with obama. he is having a very hard time trying to distance himself from a failing foreign policy then you have, in kentucky, the challenger, alison lundergan grimes, she can't even admit that she voted for the president. so. i think democrats are having a hard time and they are silent as foreign policy hasas been tumultuous and failing policy. tough feel for them. i think silence during this period is why they're in trouble. shannon: i want to ask you quickly about israel. with the atlantic quoting a senior obama men station fish,

using some language we can't use on tv to talk about israeli prime benjamin netanyahu. that got a lot of strong reaction. do you think issues with israel could factor in the races? >> absolutely. we had a real problem with netanyahu and obama. if this is one time occurrence they could get over it but it is a narrative and mime. even evangelical christians or jewish americans and you have to look at eastern europeans. eastern european americans are very upset with the president's performance, standing up to to russia, and especially polish americans who are really irate over what they see as a resurgence of putin. so, a lot of the states like north carolina that are pro-israel voters or even illinois, where there are at love eastern european americans, i think it is an opportunity for

republicans to go in. again republicans have to have's emergency a they have to say what they would do differently. you can't just bash the other party without saying something. shannon: rick grenell. thank you for your time. >> good to see you, shannon. shannon: you too. jon: just in, pa suspected serial killer back in court. darron vann confessed to seven murders in indiana. last week he clammed up in his first court appearance refusing to answer any of the judge's questions. garrett tenney is in ground point, indiana, outside the lake county jail. he has latest details. garrett? >> reporter: jon that initial hearing just wrapped up and i'm told darron vann pleaded not guilty. he was very cooperative with the judge and very respecialful and replying yes, ma'am, no, ma'am, to all of her questions. last week as you mentioned he didn't speak a word. at one point, kathleen sullivan told the judge, if refused to

speak he would be held in jail the rest of his life. big change from what we saw last week. we do know in addition to pleading not guilty, he was, will be held without bail. his next court hearing is in january. each of the charges, he is charged in the two murders. he confessed to at least five others but only charged in those two. each of those charges will carry a maximum sentence of 45 to 65 years, but the court will not be able to give him anything less than 45 years for each charge, if he is found guilty. police say, in regards to those other five women he confessed to killing, they are continuing those investigation, gathering evidence and they will be filing those charges at some point down the road. meanwhile, police in gary, indiana are continuing to search thousands o abandoned homes for additional bodies. we also note the fbi is using cell phone tracking to find out just where darron vann was in

the days before he was arrested. that is because according to the associated press that he told investigators he liked to go and check on bodies of women he previously killed after a recent killing, just to see how they were doing. that is why they are checking all of these abandoned buildings now and using his cell phone records to find out just where he is. police departments in illinois, indiana, and texas are also searching their cold cases that they have there to see if there is any other connections to darren vann. police say he confessed to multiple killings beyond the seven we know about and they could go back as far as 20 years. so those are things we are still waiting to hear on. his next court date again, jon, will be in january. back to you. jon: wow, a lot of empty houses to search and a lot more investigating to do. garrett tenney. thank you. >> reporter: you got it. shannon: a michigan man ordered

to pay thousands back in child support or face prison time but he is not even the child's father and dna tests prove it. why the court still wants his money it says here that a won's sex drive

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disappeared from a denver broncos football game, you remember this? he is actually safe and sound which is good news but they don't have any information why he took off from the game. milk does a body good but can a body get too much after good thing according to one study? a research claims that milk could be harmful to your health? we'll talk about it. jon: the state of michigan is ordering a detroit man to pay thousands in back child support or face prison time. the problem? his ex-girlfriend and the dna test prove he is not the father. here is how the case played out over course of 30 years. according to court records back in 1987. alexander's girlfriend put his name down as father of her child when she applied for state assistance. in the late 1980s, the state sent a process serve i have server to alexander's house. the he said he delivered the process to alexander. turns out he lied.

alexander was in prison for unrelated crime. in 1991, during the traffic stop, the cop pulled up his record, saw that he owed off thousand in back child support and arrested him. this year, the judge erased part of the debt alexander owed to the mother of the child. actually all of the debt that he owed the mother of the child but not the $30,000s owed to the state for welfare benefits over the years. for this kid that isn't his. bring in the legal panel. diana eisen a criminal defense attorney, dan schorr, former prosecutor. diana, how does something like this happen? >> flaws in the legal system. i mean this man's constitutional rights were clearly violated here. he was not awarded due process rights. he was not allowed to be heard on issue the fact this isn't even his kid. he has proof, actual dna evidence this is not his child. i think it is overwhelming how absurd this is that he is still being ordered to pay

$30,000 child support for a default judgment he was never properly served on. this is complete and blatant violation of his constitutional rights, no question about it. jon: he says, dan, he feels like he is standing in front of a brick wall with nowhere to go. i can understand the feeling. even his ex-girl friend admits he is not the father of the child, that she once claimed he had fathered. but the state is saying we don't care. we want our money. >> right. and really important that this is not seen as a child support legal issue. this is an issue about a court order and service of process. in order to have a court order served against you you have to be able to be aware that there is a court order, so you have the chance to fight it, contest it. here the process server, almost 30 years ago said that he served mr. alexander with a court order and then he failed to contest that court order but mr. alexander was incarcerated at time. so we know he really wasn't served with that court order. the process server said mr. alexander refused to sign

acknowledgement. but we know that he wasn't there. jon: so the process server lied? >> he was lying or completely wrong. either way the process server is the reason why we have this problem today. however almost 30 years gone by the statute of limitations would prevent any legal action against the process server. this still has to be looked into and major injustice is carried out against mr. alexander. jon: why isn't there a judge, diana, with good sense, that says, look, clearly this is screw-up by the state. our process server did not get you paperwork, i'm going to sign off on releasing you from this $30,000 obligation? so far the judges are still leaning on this guy. >> right. i think that is what is getting everybody confused and why everyone is kind of scratching their head about this case. this is very clear. if this were a murder case or any other kind of criminal case and there was dna evidence to support the innocence of this man he would be exonerated and all penalties would be

discharged but for some reason the judges in this case are not willing to let go a $30,000 debt to the state. totally unclear and completely unconstitutional and invalid order. jon: there is no real intent for him to, you know, try to defraud the state here, dan, right? >> right. jon: he was in prison. he didn't even know he was supposedly the father of this kid which he is not! >> this case is not over. state law is on the side of mr. alexander which says it is a false judgment, a judgment entered when you're not contesting it which what happened here. a default judgment can be set aside for good cause if there is reasonable explanation or gross injustice will be carried out. this can be contested and challenged. mr. alexander is challenging it. i presume sooner or later a court will set this aside. because it is not right to have him liable for the judgment when he was never served. jon: it is not right but, diana, think about time and expense. when you do battle with the state and you're a person of relatively modest means, that is

tough to do! >> it is really difficult to learn how to navigate the process just as a layperson in general. when you add in he is man of limited means it will be hard to go up against the government to win in this case, even though the law may be on his side, there are procedural problems obviously the way this is being imposed on him. it is very clear this guy is being treated unfairly. hopefully the state will reverse the ruling, the court will reverse the ruling and exonerate this man's judgment. jon: it is really clear to us he is being treated unfairly but judges are persisting in trying to collect this $30,000. unbelievable to me, since he has got prove proof he never fathered the child and never got process, never got papers served because he was in jail at the time but the state persists. we'll let our viewers know what happens. diana and dan, thank you both. >> thank you. >> thank you. shannon: well, if you ever heard the saying milk does a body

good, you might be surprised to hear the results of a new study. we'll have the details. there is also this. >> four, three, two, one. shannon: a mission to space goes horribly wrong. what's behind that fiery explosion next.

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try the most comprehensive identity theft protection available risk free for 60 days with promo code ll5. plus get a multi-device charger free. call 800-416-4631 or go to lifelock.com/ll5. ♪ shannon: check out what is up ahead on "outnumbered" at top 69 hour. what have you got. >> it will be another packed hour. homeland security department is ramming up security at federal buildings across the nation. officials say this is precaution but authorities say there is a spike in terror chatter. the isis terror army is hoping to quote, the imagination of lone wolves. what does that mean for us? >> plus growing outrage after a democratic candidate for governor accidentally calls his opponent a whore. and then laughs bit, with the

audience. >> victoria secret coming under fire for a new campaign which critics are saying could be harmful to women. >> oh, boy. all that plus our #oneluckyguy. one of our favorites at the top of the hour. shannon: can't wait. >> me too. shannon: the ladies are fired up. i will be there tuning in to check out the favorites. >> one of our favorites. we don't play favorites of the just one of them. >> in the group of favorites. >> investigators are now looking for debris after the virginia coast after a rocket bound for the international space station exploded just after launch. take a look. >> oh, god [bleep] it is really loud. going to be loud. >> what the? jon: it was unmanned rocket. it blew up seconds after liftings off from walops island, virginia. the vehicle belonged to a commercial space company hired by nasa to carry supplies and

equipment, about 5,000-pound worth, to astronauts on board the space station. nasa says the astronauts have enough food and supplies to last until they figure out another way to get a shipment up there. shannon: some brand new research to tell you about that goes against almost everything you have ever heard about the benefits of drinking milk. new study shows intake of higher rate of milk may cause increased rate in fractures and even death in both men and women. board certified internist dr. sue joins us right now to explain. all right, doctor, we always heard, as a kid, parents, better drink the milk, good for you, healthy bones, but with everything there is a limit? >> there is a limit. milk is composed of two essential ingredients, sugar and protein. the protein in milk, that give as lot of benefits. so you can get that without drinking milk. the problem drinking a lot of

milk you get the sugar. sugar broken down in the body causes a lot of toxic free radicals. this causes a lot of inflammation. it can interfere with bone health and really increase the rate of cancer. that is what these swedish investigators found in this recent study. shannon: that is really troubling because you do think about how much it is a the past our diet and the fact it always has been touted as a positive thing, how do then change the thinking about it, or at least give people the right guidelines to know where you draw the line? >> i think drinking one cup of milk a day is okay. having a little milk with the cereal or milk with the coffee is fine but drinking excessive amounts is not good because of sugar. like you don't want to eat too much sugar. shannon: i don't want to but, i mean you feel like you think it is in everything. >> that's right. shannon: the fact it is something supposed to be healthy for you is not encouraging. >> but think about milk, it is non-mamalian.

that means we're getting it from other sources. i think mother's milk is good for a child but cow's milk is probably not. not what we're really supposed to be drinking. our ancestors didn't drink it. you have to look at it that way. so i think, and you also have to wonder if you're drinking cow's milk, how are the cows fed. shannon: there is track being back. >> but whey is so important. i think you can break it down. having a lot of whey in your diet. have whey protein shakes. us it as a supplement. i use it in my practice to help people lose weight and very good for your bones and very good protein to help you build muscle. shannon: i want to ask you about bones specifically because we always hear about this. the milk, calcium stave off osteoporosis and other things but the study says you could increase fractures if you go too far with too much milk. how does that happen? >> that is true. you don't want too much calcium. so many patients coming into my

practice taking way too much calcium. one tablet a day is good. you want to get as much fish as you can in the diet. we know that is healthy if. if you don't have enough vitamin-d that is major factor for fractures. most americans have low vitamin-d. when people have chronically low vitamin. did, their bones are weak and much higher risk of cancer across the board. many different types of cancer, prostate, pancreas, lung, brain, and alzheimer's disease. keeping vitamin-d up is very important. you don't have to necessarily do that by drinking milk. shannon: there are other options. all right, there is a lot to digest here, no pun intended but fascinating. thank you for keeping us up-to-date. thank you, doctor. jon? jon: update to a mystery we brought to you here on "happening now" about a guy that vanished from a denver broncos game last week. we'll tell you what police are saying now about him.

the feds cracking down on one of the nation's largest cell phone providers. why? that's that's next.

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but do you consistently get it? you do with comcast business. and often even more. it's reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $89.95 a month. comcast business. built for business. shannon: right now a bizarre update to a story we've been telling you about here on "happening now." the football fan that vanished at last thursday's denver broncos game is safe and sound back with his family. they found paul kitterman in front after furniture store in pueblo, colorado, two hours from denver after he vanished at halftime from mile high stadium without his phone or car with 50 bucks. police have not been saying where he has been for almost a week. jon: weird one. well the federal trade commission is cracking down on at&t, accusing the company of misleading smartphone customers by slowing down the speed of

their unlimited data without properly notifying them. joining us now from our sister network, fox business network's lauren simonetti. you can give this report in slow motion if you would like. >> oh, yeah. okay. jon: just because we're -- >> stick around. >> thank you so much. at&t customers you might be getting money back and hopefully that is fast, not slow motion. the fed trade commission suing at&t for deceptive practices basically charging customers for unlimited data. then slowing their connection speeds when they surf the web too much, in some cases speeds were slowed 90%. listen now to ftc chairwoman edith ramirez. >> the ftc has filed a complaint in federal court against at&t mobility, charging that the company has misled millions of its mobile customers by charging them for so-called unlimited data plans that were in reality, not unlimited at all. >> 3 1/2 million people were

affected. their data speeds were slowed average 12 days a month over the course of three years, for a total of more than 25 million times. the ftc also wants customers to paid early termination fees to cancel their service, to get some money back. at&t is calling these allegations baseless and an intrusion into the normal network management practiced by all telecom providers, but, when you bill something as unlimited, it should be unlimited, am i right? jon: so how do they prove that? how does the government go about proving it? sometimes you're in a bad cell location and hard to download stuff. shannon: all the time with my phone. maybe this is my problem. >> what at&t saying here they would send a text message to a customer when they were coming near the point where their service would be slowed down. shannon: okay. >> so the at&t says, you know, customers were warned. so now, yes, the ftc has to prove this. shannon: you know there is stuff in the fine print. me as a lawyer, that is the first thing i think, somewhere it is tucked in there the

language that, i don't know if you guys read your 30-page agreements for your cell phones. >> very carefully on the weekend. shannon: i do not. weekend fun. >> i generally don't like any phone companies, just all of them. >> that is why this is good for consumers, right? going after the phone companies. we might get something back in the end. shannon: also one of the, the most stringent actions by the ftc chairwoman edith ramirez. former attorney. jon: nice to see the government is keeping an eye on something that matters. lauren simonetti. thank you. shannon: and listening to your phone calls. jon: maybe that is why the system is slowed. don't miss lauren. she is at fox business network. if you're not sure where you find it in your area, log on to foxbusiness.com/channelfinder. shannon: here is what we're working on for the next hour of "happening now." we're following the story of a man charged with investigatings the secret service prostitution scandal who suddenly resigned after his own

scandal. plus our legal panel weighs in on bombshell courtroom testimony.♪ did a man use cyanide days later to kill his wife. ♪ ♪ ♪ [ male announcer ] great rates for great rides. geico motorcycle, see how much you could save.

[ male announcer ] great ratbig day?reat rides. ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice.

doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern. >> we will see you back here in an hour. >> "outnumbered" begins right now. >> this is "outnumbered." i am harris faulkner. here today sandra smith, andrea tantaros, and we welcome back today's hashtag one lucky guy, steve, and he is outnumbered. >> glad to be here. >> we missed you. >> i see the color wheel went away. >> you had to go there. >> you look wonderful. >> purple, blue, somehow the same hue. thank you for pointing that out.